Medical Malpractice – Childbirth – Brain Damage
VERDICT: $10,222,151, reduced as excessive to $4,770,000 by the trial judge.
Breakdown: $725,000 for pain and suffering; $105,000 for loss of services; $295,000 for loss of earning capacity; $50,000 for future medical expenses and equipment; $48,151 for past hospital expenses; $ 9,000,000 for future custodial care.
VII/38-31 Medical Malpractice – Childbirth – Brain Damage
Hana Tafsiou, inf. by f/n/g Kadri Tafsiou and Leonora Tafsiou v. Sushma Nakara, Coney Island Hospital, and NYCHHC 9697/83 Verdict 12/87 Judge John A. Monteleone, Kings Supreme
Pltf. Atty: Harvey Weitz of Schneider, Kleinick & Weitz, Manhattan
Deft. Atty: Steven J. Ahmuty of Bower & Gardner, Manhattan
Pltfs. alleged medical malpractice in the delivery of the infant Pltf. in January 1982 at Coney Island Hospital which led to brain damage and permanent profound mental retardation. This resulted in spastic cerebral palsy, necessitating lifelong custodial care. Specifically, Pltf. claimed that Defts. failed to take proper action after a 2-hour delay in delivery. These actions included failure to correctly use Pitocin, to perform a Caesarean section after evidence of late decelerations, to conduct timely pH monitoring, to perform an immediate Caesarean after serial pH monitoring was finally done. Pltf. further contended that after the birth, Defts. did not resuscitate or incubate Pltf. fast enough and then improperly intubated the stomach instead of the lungs. Pltf. Experts: Dr. David Kaufman, pediatric neurologist, Bronx; Dr. Richard Reuben, pediatric neurologist, Manhattan. Deft. Expert: Dr. Hugh Evans, pediatric neurologist, Brooklyn.